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Hi!

Here are a set of facts that you have to keep in mind while redrafting the contract.

You have to review & redraft the already provided contract. Please note that the task
involves revisions/ additions/ modifications and even deletions to some extent to make the
draft so provided in the best interest of the parties.

Facts: Mr. Mohan Lal (Vendor), owns a property named as ‘Divyashree’ bearing Plot No.
11 and situated at ABC Road, Opposite Landmark Apartments, XYZ District. He puts an
advertisement in the local newspaper expressing his intention to sell the property maximum
by January 31st 2021. He is approached by Mr. Ramesh Mohanti (Purchaser/ Vendee) where
he expresses his desire to buy the property. The parties have the negotiations and one of the
conditions is that the sale has to get completed by 31 st Janaury 2021 but an advance amount
of R. 2 lakh should be provided by the purchaser to the vendor before 15th January 2021.

Please revise this template draft to best suit the needs of the parties. You are free to build
in facts in order to provide a context and commercial angle to the problem which in turn
will help in drafting a robust draft.

Note: All the information that we (your clients for this assignment) want to share is this. 

Happy Reading!
 AGREEMENT

This Deed of Sale is executed at _______ on _______;

BETWEEN

_______________________ (hereinafter referred to as ‘Vendor’ which expression unless be

repugnant to the context hereto shall include);

AND

________________________________ (hereinafter referred to as ‘Purchaser’ which

expression unless be repugnant to the context hereto shall include his/her/ their executors,
administrators, assignees, successors and legal representatives)

WHEREAS:

A. The Vendor owns the Property more fully described in Schedule II of the Agreement;

B. The Vendor initially purchased the Property from one Mr. X, son of _____ residing at
_________, by way of a DEED of SALE dated June 20th, 2018.

C. The Vendor has been in exclusive possession and ownership of the Property since
June 20th 2018 and now has decided to sell the property in order to fulfil his personal
commitments.

E. The Purchaser ____________________________________________________.

NOW THEREFORE IT IS HEREBY AGREED BY AND AMONGST THE PARTIES

AS UNDER:

1. CONSIDERATION:

1.1 In pursuance of this Agreement, the Vendor agrees to sell, convey and transfer
his/her/their interests in the Property in favour of the Purchaser;

1.2 The Purchaser agrees to pay a consideration amount of ____________________ to

the Vendor in lieu of ownership and possession of the Property.
2. ADVANCE PAYMENT, FULL PAYMENT AND PAYMENT MODE:

2.1 The Purchaser covenants to the Vendor that an advance of Rs. ____/- shall be made
by the Purchaser to the Vendor by January 15, 2021.

2.2 All payments shall be made by way of cheques or online payment mechanism.

3. COVENANTS:

3.1 The Vendor partially transfers the ownership of the Property, rights of ownership,
titles and all interests in the above-mentioned Property under sale hereby conveyed
under this Agreement;

3.2 The Vendor shall provide vacant and peaceful possession of the Property to the
Purchaser on or before January 31, 2021;

3.3 The Vendor covenants that the Vendee shall be the absolute owner of the Property
with NO RIGHT to mortgage, lien, let-out or make additions to the Property in the
near future for personal needs;

3.6 The Purchaser hereby covenants that _________.

4. REPRESENTATIONS AND WARRANTIES:

4.1 The Vendor represents to the Purchaser that he/she is the sole, absolute, exclusive and
rightful owner of the aforesaid property.

4.2 The Vendor represents and warrants that he/ she has unrestricted rights to sell and
transfer the same, and the same is free from all sorts of encumbrances, burden, sale,
mortgage, gift, lien, decree, charges, court injunction orders, stay orders, liability,
transfer, attachment, litigation, legal flaws, dispute, notices, surety, security,
notifications, acquisition etc. and there is no legal defect in the title of the Vendor.

4.3 The Purchaser represents and warrants that all taxes, bills etc, with respect to the
Property shall be borne by the Purchaser after the due completion of sale under this
Agreement;

4.4. The Vendor has handed over all the Original documents establishing the chain of title
of the said Property.
5. TERM AND TERMINATION:

5.1 Either Party may terminate this Agreement with a prior written notice of 30 days to
the other party in the event of breach of any material provision in this Agreement.

5.2 In case of non-payment of the Consideration by Purchaser, or non-performance of the

obligations as per the terms of this Agreement, a notice may be given to rectify the
default. In case such default is not remedied by the defaulting party, it shall qualify as
a material breach under this Agreement, providing rights to terminate this Agreement.

5.3 Either Party may terminate this agreement with a minimum of 30 days’ prior notice to
the other Party.

6. GOVERNING LAW:

6.1 Any and all disputes/differences between the Parties as a result of this Agreement
shall be governed by the Laws of India.

6.2 The conflict of laws shall be applicable while resolving any such dispute.

7. JURISDICTION:

7.1 Vendor and the Purchaser agree that any legal action or proceedings arising out of this
Agreement shall be brought in the High Court of Judicature at _______ or such other
court having jurisdiction to try the same in India and irrevocably submit themselves to
the jurisdiction of that Court.

8. MISCELLANEOUS:

8.1 STAMP DUTY & REGISTRATION CHARGES:

The Parties agree that the stamp duty and registration amount with respect to this Agreement
shall be borne by _____________.

8.2 COUNTERPARTS:

8.3 NOTICE:

For the Vendor :

Fax:
Attention:
 E-mail:

For the Purchaser :

Fax:
Attention:
Email:

8.4 PARTIAL INVALIDITY:

If any provision of this Agreement is held to be invalid or unenforceable to any extent, the
remainder of this Agreement shall not be affected.

8.8 WAIVER:

No delay in exercising, or omission to exercise any right, power or remedy accruing to the
Parties under this Agreement, shall impair any such right, power or remedy nor shall it be
construed to be a waiver thereof or any acquiescence; nor shall the action or inaction of the
either Party shall affect or impair any right, power or remedy of the other Party.

8.9 AMENDMENTS:

Any amendments to any of the provisions of this Agreement shall be in writing and shall be
with the consent of all the Parties hereto.

SIGNED AND DELIVERED ON BEHALF OF VENDOR

_____________________

[●]

SIGNED AND DELIVERED BY THE PURCHASER

____________________

Witnesses: